Resolution-PC 2005-72• ~ '
RESOLUTION NO. PC2005-72 '
A RESOLUTION OF THEANAHEIM PLANNING COMMISSION
THAT: PETITION FOR VARIANCE N0. 2004-04597,BE GRANTED
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for.Variance
for certain real property situated in the City of Anaheim, County of Orange, State of California described as:
ALL THAT PORTION OF LOTS 4 AND 5 OF TRACT NO. 117, AS SHOWN ON A MAP -
FILED,IN BOOK 11, PAGE'15 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE'
COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 5, AND RUNNING THENCE' -
SOUTH 00° 38' 53" WEST, ALONG THE:EA3T LINE-0F SAID LOTS 5 AND 4, 1019.78
FEET TO THE SOUTH' LINE OF SAID LOT 4; THENCE NORTH 89° 03' 32" WEST,
ALONG SAID SOUTH LINE 1214.91 FEEl' TO AN INTERSECTION W{TH THE
NORTHEASTERLY LINE OF PARCEL: 4, AS SHOWN ON A PARCEL MAP FILED W-
BOOK 90, PAGE 19 OF PARCEL MAPS, IN THE OFFICE 'OF THE COUNTY ,
RECORDER OF SAID ORANGE COUNTY; THENCE NORTH 27° 3T 09" WEST ALONG
THE NORTHEASTERLY LINE OF PARCELS 4 AND 3 OF SAID PARCEL,MAP, `122.78
FEET'TO AN ANGLE POINT IN 'SAID PARCEL 3; THENCE NORTH 41° 14' 35" WEST, `
ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 3, 165.89 FEET TO THE
MOST SOUTHERLY CORNER OF PARCEL 2 OF SAID' PARCEL 'MAP; THENCE
NORTH 57° 45' 25" EAST, ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 2,
129.FEET TO THE MOST EASTERLY CORNER OF SAID PARCEL 2; THENCE NORTH -
20° 37` 33" WEST, ALONG THE NORTHEASTERLY LINE OF PARCELS 2 AND 1 OF
SAID PARCEL MAP, 773.55 FEET TO AN INTERSECTION WITH THE NORTH LINE OF
SAID LOT 5; THENCE SOUTH 89° 01' 20" EAST, ALONG SAID NORTH LINE, 1556.18
FEET TO THE POINT OF BEGINNING.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on April 18, 2005, at 6:00 p.m., notice of said public hearing having been duly given as
required byiaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60
"Procedures°, to hear and consider evidence for and against said proposed variance and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the applicant proposes to construct 35 single-family residences with waiver of the
following under authority of Code Section No. 18.74.040.010 for proposed Lot Na 13:
SECTION NO. 18.04.100.010.0101 - Minimum front setback.
25 feet required; 15 feet proposed)
2. That the above-mentioned waiver is hereby granted on the basis that there are special
circumstances applicable to theproperty such as size, shape, topography, location and surroundings which
do not apply to other identically zoned property in the same vicinity; and that strict application of the Zoning
Code deprives the property of privileges enjoyed by other properties in the identical zone and classification in
the vicinity: '
3. That there are exceptional or extraordinary circumstances or conditions applicable to the
property involved such as steep topography, sensitive habitat and irregular shape that present challenging
development constraints. The proposed subdivision is designed with the homes located within the center of
the property in an effort to preserve open space and comply with City design polices for hillside areas.
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4. ' That the requested variance is necessary for the preservation and enjoyment of a substantial
proper#y right possessed by other property in the'same vicinity and zone, that would otherwise be denied to
the property in question.
5. That the requested variance will not be materially detrimental to the public welfare or
injurious to the property or improvements in such vicinityand zone in which the property islocated.
6. : That 9 people indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to subject petition. That 2 e-mails were received with'
suggestions pertaining to the design of the project.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed DEIR No: 329, including Mitigation Monitoring Program No. 132, as amended at
the public hearing {Modified Mitigation Measure TC-2), and made certain findings and recommendations by '
its Resolution No. PC2005-69 determining that DEIR No. 329 is adequate to serve as the environmental
" documentation for the Proposed Actions and recommending, as set forth in said Resolution, that the City
Council, as lead agency for the Proposed Actions, based upon its independent review of DEIR No, 329
prepared in connection with the Proposed Actions determine that the Proposed Actions are within the Scope
of pEIR No. 329; are adequate to serve as the required environmental documentation for the Proposed
Actions, including the subject proposal, and satisfy all of the requirements of`CEQA; and, that no further
` environmental documentatiorr need be;prepared for the Proposed Actions.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grantsubject Petition for Variance, upon the'following conditions which are hereby found to be a
necessary prerequisite to the proposed use of the subject property in order to presenre the safety and
general welfare of the Citizens of the City of Anaheim: '
1. That the property owner/developer shall be responsible for compliance with all the mitigatiorr measures
set forth in Mitigation Monitoring Plan No. 132 created specifically for this project, and for complying
' with the monitoring and reparting requicements established by the City in compliance with Section '
21081.6 of the Public Resources Code. Furthermore, the property owner/developer shall be
responsible for any direct costs associated with the monitoring and reporting requirements to ensure `
implementation of the mitigation measures identified in Mitigation Monitoring Plan No. 132, which are
made a part of these conditions of approval by reference.
2. That gates shall not be installed across any driveway or private street in a manner which may adversely
affect vehicular traffic in any adjacent public street or alley. Installation of any gates shali conform to
Engineering Standard Plan No. 475. Said requirements shall be subject to the review and approval of
the City Traffic and Transportation Manager. Said information shall be specifically shown on plans
submitted for building permits.
3. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works
Department, Streets and Sanitation Division and in accordance with approved plans onfile with said
Department. Said information shall be specifically shown on the plans submitted for building permits for
Planning Department and Public Works Department, Streets and Sanitation Division approvaL
4. That a plan sheet for solid waste storage, collection and a plan for recycling shall be submitted to the
Public Works Department, Streets and Sanitation Division for review and approvaL
5. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No. 476
and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division.
Said turn-around area shall be specifically shown on plans submitted for building permits.
6. That roll-up garage doors shall be shown on plans submitted for building permits. Said doors shall be
installed and maintained as shown on submitted plans.
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7. That final detailed landscape and irrigation plans for the proposed development shail be submitted to
the Development Services Division for review and approvaL Said landscape pfans shall show minimum
24-inch box sized trees, shrubs, groundcover and vines to be planted in layers in common areas, and
minimum 24-inch box sized trees in the front yard of each property. All'trees shall be properly,
professionaliy, and permanently maintained to ensure mature, healthy growth.
8. That Variance No. 2004-04597 is hereby granted subject to the approval and recordation of Tentative
' Tract Map Na 16440, now pending.
9. That prior to application for water meters, fire line or submitting the water improvement plans for
approval, the deveioper/owner shall submit to the Public Utilities Water Engineering Division an
estimate of the maximum fire flowrate and maximum day and peak hour water demands for the project.
This information will be used to determine the adequacy of the existing water system to provide the
estimated water demands. Any off-site water system improvements required to serve the project shall
: occur in accordance with Rule No. 15A.6 of the Water;Utility Rates, Rules and Regulations. `
10. That all existing water services and fire lines shatl conform to current Water Services Standards
Specifications. Any water service and/or fire line that does not meet current standards shall be
upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The
owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire
line. _
11. That prior to rendering water service, the developer/owner shall submit a set of,improvement plans for
public Utility Water Engineering review and approval in determining the conditions necessary;#or
providing water service to the project.
12. That water improvement plans shall be submitted to the Water Engineering Division #or approval and a
performance bond in the amount approved by the City Engineer and from the City Attorney shall be
posted with the City of Anaheim.
13. That all backflow equipment shall be located above ground outside of the street setback area in a
manner fully screened from any public street. Any backflow assembties currentiy installed in a vault :
shall be brought up to current standards. Any other large.water system equipment shall be insfalled to
the satisfaction of the Water Engineering Division in either underground vaults or outside of the street
setback area in a manner fully screened from all public streets and atleys. Said information shall be
specifically shown on plans submitted for approval by the Water Engineering Division of the Public
Utilities Department.
14. That all requests for new water services or fire lines, as well as any modifications, relocations, or
abandonment of existing water services and fire lines, shall be coordinated through Water Engineering
Division of the Anaheim Public Utilities Department.
15. That final detailed site, floor, fencing and elevation plans shall be reviewed by the Planning ,
Commission as a Report and Recommendation item for approval prior to the issuance of building
permits. :
16. That the north-south regional trail (Regional Trail No. 14) shall be constructed by the developer and
permanently maintained by the Homeowners' Association. A maintenance covenant including
provisions for proper maintenance pertaining to the trail shall be reviewed and approved by the City
Attomey's Office prior to the issuance of building permits.
17. 7hat subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the applicant and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 10, and as conditioned herein.
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18. That prior to issuance of abuilding permit, _or within a period of one (1 } year from the date af this
resolution, whichever occurs first, Condition Nos. 2, 3, 4, 5, 6, 7, 9, 11, 12, 13, 14, 15 and 16,
above-mentioned, shali be complied with. Extensions for further time to compiete.said conditions may -
be granted in accordance with Section 18:03.090'of the Anaheim Municipal Code.
19. That prior to final building and zoning inspections, Condition No. 17, above-mentioned, shall be
eomplied with.
20. That approval of this application constitutes approval of the proposed request only to the extent that it
complies' with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal
regulations. Approval does not include any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressty predicated upon applicant's compliance with each and
all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared
invalid or unenforceable by#he final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.. -
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and
all of the conditions hereinabove set forth. Should any,such condition, or any`part thereof,`be declared
invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution,,
and any approvals herein contained, shatl be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
Apri1 18, 2005. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures"
of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by City Council
Resolution in the event of an appeaL
CHAIRMAN, ANAHEIM PLANNWG COMMISSION
ATTEST:
;~~t-~,.~_ ~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA ) :
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify :
that the foregoing resolution was passed and adopted'at a meeting of the Anaheim Planning Commission
held on April 18, 2005, by the following vote of the members thereof:
AYES: COMMtSS10NERS: BUFFA, EASTMAN, FLORES, PEREZ, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
VACANT: COMMISSIONERS: TWO VACANCIES
IN WITNESS WHEREOF, I have hereunto set my hand this (~ ~ day of
, 2005. ~
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SENIOR SECRETARY,!ANAHEIM PLANNING COMMISSION
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